Bill Sponsors
Lauria, Lawson, Euer, LaMountain, Zurier, Pearson, McKenney, DiMario, Murray, and Gallo
Committee
Senate Judiciary
Summary
Select
This legislation updates the rules of evidence for civil lawsuits, arbitrations, and administrative proceedings involving healthcare providers. It establishes that if a healthcare provider or facility expresses an apology, regret, sympathy, or condolence to a patient or their family regarding an unexpected medical outcome, those statements cannot be used as evidence of liability (guilt) in court. However, this protection does not extend to specific admissions of fault, negligence, or mistakes. If a provider admits they were at fault, that statement remains admissible as evidence, even if it is accompanied by an apology.
Sponsor
Analysis
Pros for Progressives
- Promotes a more humane and compassionate healthcare environment by allowing doctors to express empathy to patients and grieving families without fear of legal retaliation.
- Encourages open communication and transparency between providers and patients, which can aid in the emotional healing process for those who have suffered adverse medical outcomes.
- May help de-escalate potential conflicts and reduce the adversarial nature of the medical system, potentially leading to faster resolutions for affected families.
Cons for Progressives
- Could confuse patients who interpret an apology as an admission of responsibility, leading them to believe accountability has been acknowledged when legally it has not.
- Limits the evidence available to injured patients seeking justice in malpractice suits, potentially making it harder for victims to prove their cases against powerful healthcare institutions.
- Risk that healthcare providers might use performative empathy to placate victims and discourage them from pursuing legitimate legal claims for negligence.
Pros for Conservatives
- Protects healthcare professionals and businesses from frivolous lawsuits based solely on expressions of human decency, sympathy, or regret.
- Likely contributes to stabilizing or reducing medical malpractice insurance costs by limiting the scope of admissible evidence that can be used against providers.
- Prevents the legal system from weaponizing common courtesy and moral support against professionals who are trying to comfort patients.
Cons for Conservatives
- Creates potential legal ambiguity by requiring courts to parse the fine line between an "apology" and an "admission of fault," which could lead to inconsistent judicial rulings.
- Interferes with the judicial process by restricting the ability of private citizens to utilize all relevant communications in a court of law to prove damages.
- Could theoretically protect incompetent practitioners who use emotional language to mask actual negligence, thereby avoiding the consequences of their actions.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Healthcare Providers (Doctors, Nurses)
- Patients and Families
- Healthcare Facilities (Hospitals, Clinics)
- Medical Malpractice Attorneys
- Insurance Companies
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Chapter 9-19 of the General Laws entitled "Evidence" is hereby amended by adding thereto the following section:
9-19-45. Statements or conduct expressing apology, regret, condolence by health care provider -- Admissibility.
(a) For the purposes of this section, the following words shall have the following meanings:
(1) "Healthcare facility" means any institutional health service provider licensed pursuant to the provisions of chapter 17 of title 23.
(2) "Healthcare provider" or "provider" shall have the same meaning as the meaning contained in § 5-37.3-3.
(3) "Relative" means a patient's spouse, parent, grandparent, stepparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, adopted children of parent, or spouse's parents, whether by whole or half blood, adoption or marriage.
(4) "Representative" means a legal guardian, attorney, health care representative or any person recognized in law or custom as a patient's agent.
(5) "Unanticipated outcome" means the outcome of a medical treatment or procedure that differs from an expected result of such medical treatment or procedure.
(b) In any claim, complaint or civil action brought against a healthcare facility or provider by or on behalf of a patient allegedly experiencing an unanticipated outcome, or in any arbitration proceeding or other method of alternative dispute resolution that relates to the claim, complaint or civil action, and in any judicial or administrative proceeding against a healthcare facility or provider, the following shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest:
(1) Any and all statements, affirmations, gestures, writings, activities or conduct expressing apology, benevolence, commiseration, condolence, compassion, regret, sympathy, or a general sense of concern which are made by a healthcare facility, a healthcare provider, or an employee or agent of a healthcare facility or provider, to the patient, the patient's relative, or a representative of the patient which relate to any alleged discomfort, pain, suffering, injury, or death of the patient as a result of the unanticipated outcome.
(2) This section shall not apply to a statement of fault, liability, negligence, or culpable conduct that is part of or made in addition to a statement, affirmation, gesture, writing, activity, or conduct described in subsection (b)(1) of this section, and only the expression of apology, benevolence, commiseration, condolence, compassion, regret, sympathy, or a general sense of concern made under subsection (b)(1) of this section is inadmissible.
(3) Any statement, affirmation, gesture, writing, activity, or conduct described in subsection (b)(1) of this section is admissible for any other purpose.
SECTION 2. This act shall take effect upon passage.
9-19-45. Statements or conduct expressing apology, regret, condolence by health care provider -- Admissibility.
(a) For the purposes of this section, the following words shall have the following meanings:
(1) "Healthcare facility" means any institutional health service provider licensed pursuant to the provisions of chapter 17 of title 23.
(2) "Healthcare provider" or "provider" shall have the same meaning as the meaning contained in § 5-37.3-3.
(3) "Relative" means a patient's spouse, parent, grandparent, stepparent, child, grandchild, brother, sister, half-brother, half-sister, uncle, aunt, adopted children of parent, or spouse's parents, whether by whole or half blood, adoption or marriage.
(4) "Representative" means a legal guardian, attorney, health care representative or any person recognized in law or custom as a patient's agent.
(5) "Unanticipated outcome" means the outcome of a medical treatment or procedure that differs from an expected result of such medical treatment or procedure.
(b) In any claim, complaint or civil action brought against a healthcare facility or provider by or on behalf of a patient allegedly experiencing an unanticipated outcome, or in any arbitration proceeding or other method of alternative dispute resolution that relates to the claim, complaint or civil action, and in any judicial or administrative proceeding against a healthcare facility or provider, the following shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest:
(1) Any and all statements, affirmations, gestures, writings, activities or conduct expressing apology, benevolence, commiseration, condolence, compassion, regret, sympathy, or a general sense of concern which are made by a healthcare facility, a healthcare provider, or an employee or agent of a healthcare facility or provider, to the patient, the patient's relative, or a representative of the patient which relate to any alleged discomfort, pain, suffering, injury, or death of the patient as a result of the unanticipated outcome.
(2) This section shall not apply to a statement of fault, liability, negligence, or culpable conduct that is part of or made in addition to a statement, affirmation, gesture, writing, activity, or conduct described in subsection (b)(1) of this section, and only the expression of apology, benevolence, commiseration, condolence, compassion, regret, sympathy, or a general sense of concern made under subsection (b)(1) of this section is inadmissible.
(3) Any statement, affirmation, gesture, writing, activity, or conduct described in subsection (b)(1) of this section is admissible for any other purpose.
SECTION 2. This act shall take effect upon passage.